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My daughter was pulled over & charged with a DUI in NC. The officer said he pulled her over because the light around her license plate was out, when in fact it was not out. In addition, he did not state "probable cause" on the citation. Can she fight this?
Yes, she can fight it and she should. The officer will most likely prepare and submit a more detailed report than the...
About a year ago I blew a FAIL when I tried to start my car in the morning. I had taken cough medicine in the middle of the night because I was sick. I guess it was still lingering in my system. I have had no other violations over the last year. My restrictions are a .000 over 3 years. I have a SmartStart device on my car. I am halfway through my time. I am a good student with a 3.71 GPA and I work at a great company now. I have turned my life around. I am very scared that I might get my license revoked for a year and I can't have that happen. One person at the breathalizer place told me not to worry and that I dont need an attorney. They just had a hearing and everything was fine. I'm not sure what to do but I need to make sure that I don't get my license suspended. I need this dropped.
Get an Attorney Fast! and one experienced in ACR hearings at the DMV. You could go to the hearing and the Hearing...
Pretrial Motion to Suppress and Dismiss for Destruction of Evidence; 2 Officers gave sworn testimony(on stand);Questioned about Destroyed Videotape and ALL elements of Impaired driving best said state presented their entire case over my attorneys objection;Evidence included probable cause, FST clues, BAC Result, Waiver Questions;Nevertheless, Judge granted Suppression and also Dismissed the case; Order was not titled "preliminary determination" anywhere.Based on these fact should this Dismissal be treated as an acquittal as the Judge accepted ALL the state's evidence and found it insufficient after the suppression? Remember the State had an opportunity to establish a prima facie case on the charge which is why I think my case is unique and state erred in presenting ALL their evidence.
VERY interesting and thought provoking question; clearly Brady v. Maryland and confrontation issues abound. Yet, the...
The police car initially parked, followed me for 5 minutes before pulling me over for slow driving. I knew he was pacing me and didnt want to get stuck with speeding. I was going exactly 5 under because it was 2AM and I was lost. There was a point where it was 45 and I thought it was 35, but only briefly. I received a provisional DWI, G.S 20-138.3. The police investigation report left out all details, but marked "yes" to drugs, instead the factual "unknown" option. I blew a 0 on a breathalyzer, and was given no controlled substance test. I was detained for 30 minutes and additionally had a field sobriety test. The flashing lights where left on the entire time and I had their flashlights in my eyes, thus impairing my sight. I also wasn't wearing my glasses, was tired, cold, and had to pee.
Yes. Retain counsel immediately. Maybe this can be nipped in the bud.
I'm 17 and I was arrested Friday night for my first DUI. My BAC was .16 and I have no prior driving history. My passenger was 15 years old and arrested for underage drinking. It looks like I'll be charged with Level 1 DUI, does that mean I'm going to go to jail for this?
If you are convicted, you will most likely be facing a mandatory minimum of thirty days in jail, plus probation. There...
What is the difference between Serious bodily injury vs regular bodily injury in a DUI case in North Carolina? I know Seriously bodily injury is a Gross Aggravating Factor.
That would be a question for the fact finder. Serious injury to another person caused by the defendant's impaired...
I was sentenced to 24 hrs of community service...i was unable to complete the remaining 8 hours...i called my PO and she told me it was a violation...what will happen
How about the other obligations imposed at the time of sentencing, are you compliant with every thing except the...